Lead

Britain's Supreme Court has dismissed Bahrain's bid to claim state immunity in a lawsuit brought by two dissidents who allege the government hacked their computers with spyware. The ruling, delivered on Monday by a narrow 3-2 majority, allows the case to proceed to trial and sets a significant precedent for holding foreign states accountable in UK courts for remote surveillance.

The claimants, Saeed Shehabi and Moosa Mohammed, both residents of the UK, accused Bahrain of infecting their computers in 2011 with surveillance software known as FinSpy, which is capable of logging keystrokes, tracking locations, and monitoring activities remotely. They are seeking damages for "psychiatric harm."

Coverage Comparison

Al Jazeera reported the ruling as a significant precedent, confirming that foreign states can be sued in UK courts over the remote surveillance of individuals in Britain, even when the hacking was directed from abroad. The Jerusalem Post focused on the outcome that Bahrain cannot block the spyware lawsuit, noting the Supreme Court's decision allows the case to proceed.

Both outlets identified the claimants as Saeed Shehabi and Moosa Mohammed and noted the alleged use of FinSpy spyware. Al Jazeera added that Shehabi is a journalist and founder of a Bahraini political party opposing the ruling Khalifa family, while Mohammed is a Bahraini refugee. The Jerusalem Post reported that the lawsuit was filed in London's High Court in 2020, a detail also present in Al Jazeera's account.

Key Claims

The Supreme Court dismissed Bahrain's appeal by a 3-2 majority, ruling that the alleged surveillance took place in Britain even if it was initiated from abroad. This brought the case within the personal injury exception to state immunity under UK law, allowing the lawsuit to proceed.

The lawsuit was filed in London's High Court in 2020. Bahrain had previously sought to claim state immunity, a position rejected by the High Court in 2023 and upheld by the Court of Appeal the following year, prompting Bahrain's final appeal to the Supreme Court.

Bahrain denies hacking the laptops of Shehabi and Mohammed and has consistently argued that the alleged acts took place outside UK jurisdiction, entitling it to immunity. The Supreme Court's ruling rejected that argument, finding that the claimants and their computers were located in Britain when the spyware allegedly took effect.

The case is part of a broader trend of litigation testing whether states and surveillance firms can be held liable in Western courts for spyware deployed against critics abroad, as noted by Al Jazeera, which drew parallels to WhatsApp's ongoing lawsuit in the United States against the NSO Group over Pegasus spyware. Rights groups have long accused Bahrain of surveilling dissidents and journalists, Al Jazeera added.